VERY IMPORTANT MESSAGE TO READ FOR US IMMIGRANTS.
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If anyone you know is coming into this country, tell them not to sign this – this form strips you of your residency. People might get bullied into signing this. It seems right now that customs agents are looking at green card holders on a case by case basis – so make sure you or someone you know doesn’t sign this. In general, even if you’re not from the affected countries, don’t sign this if they give it to you.

Related to American Citizens who are Muslims they are also questioning Muslims who are returning from outside the US, please listen to this audio clip and know your rights.

3 thoughts on “Islamophobia Trump’s Ban on Muslims entering the US and targeting of all Muslims in the US Citizen and non Citizen (Green Card holders/Visa)”

Below is the message that is being circulated by lawyers:
From: Suishta Saigal
Sent: Monday, January 30, 2017 12:50 PM
Subject: DO NOT TRAVEL – ANYWHERE IN 2017

Employers – please disseminate to all your employees immediately.

Our Legal advice is that NO ONE should travel – anywhere – neither international nor domestic. The current administration is issuing Executive Order’s on immigration without advance notice and with immediate effect thereby trapping and likely to trap thousands of travelers and/or rending families apart.

While the legal system tries to sort this out – you/your families may already be negatively impacted and trying to undo the harm is going to be a much longer and difficult battle than trying to avoid becoming the story.

THIS APPLIES TO EVERYONE not just those from the 7 list of countries banned for “now.

EVERYONE:

CBP is asking to review social media – scrub your phones, empty caches, delete posts from ALL social media – fb, snapchat, instagrams, twitter etc. Any and every account. Disable fingerprint unlock of your phones while traveling. If asked your opinion about Trump or love of country – be creative in your positive responses.

U.S. Citizens:

Only US Citizen’s have the legal right to DENY access to social media to anyone absent a warrant or Court Order. If US citizen and a non-white – if they ask to take your passport – ask to see a Judge – your citizenship cannot be revoked absent a judicial determination. If they take your passport – ask for the receipt of same and grounds for such “confiscation”. Be polite but firm.

Do NOT sign I-407 – no matter what the pressure. I-407 means you are voluntarily renouncing your Green Card and thereby likely will be denied entry. A GC thus renounced CANNOT be re-instated. You will have to go through the whole long process that was undertaken earlier to get GC back and by then who knows what policies come into play – whether they will indeed approve issuance of such GC’s in the future.

You may be asked to prove “ties” to the US – to prove you did not abandon residence in U.S. This means work, family, property, etc.

Ask to speak to a lawyer – firmly and politely. If they refuse ask for a NTA (Notice to Appear). If the CBP Officers continue to detain you – ask for a hearing before an Immigration Judge. If the GC is confiscated, ask to be provided with alternative evidence of their LPR status, such as an I-94 and/or passport stamp that says “Evidence of Temporary Residence.” – You are ENTITLED to this.

Currently CBP’s position is that GC holder is NOT entitled to admission to the US on each entry – it will be a case by case determination. This is probably going to lead to more restrictive admissions.

Visa Holders:

No matter what visa you hold, H, L, J, F , B etc. you are the MOST vulnerable. You should absolutely NOT travel neither domestically nor internationally for the rest of 2017 till the dust settles and we can better determine what policies will continue to be implemented.

Visas are being canceled on arrival and people are being then being banned for 5 years on grounds that they attempted to enter on cancelled visas. This is happening to people NOT on the list of the 7 countries.

1. Just because you have a US citizen child – you will NOT be allowed Entry should CBP decide to Deny entry. US citizen children were being detained over this weekend.

2. People with GC’s NOT on the list of these 7 countries – have had their GC’s taken away.

3. Privacy rules for EVERYBODY – but US Citizens have been removed – thus you cannot Deny access to your social media accounts. An Officer can pretty much deem ANYTHING as grounds to deny entry. In fact CBP Officials have REFUSED to follow the Court Orders issued this past weekend and deported people without allowing them access to lawyers or Senators/Congressman. That means you will have almost little or no recourse if you are detained/deported on attempted Entry. If they ban you for 5 years – those bans will be almost impossible to overcome in the near future.

4. CG holders and citizen’s traveling DOMESTICALLY have also been stopped, questioned and detained.

Thus, our recommendation is to STOP ALL AIR TRAVEL. The next 6 months or longer are going to be extremely rocky for everyone who is “brown” irrespective of country of nationality/religion/ethnicity.

TODAY’S UPDATE FROM DHS:

In the first 30 days, DHS will perform a global country-by-country review of the information each country provides when their citizens apply for a U.S. visa or immigration benefit. Countries will then have 60 days to comply with any requests from the U.S. government to update or improve the quality of the information they provide.”

This means there is absolutely no certainty of anyone being allowed back in should they travel. Nor is there any certainty as to what other EO’s may come out – except that they are likely to be RESTRICTIVE.

If you have any upcoming travel plans – CANCEL them. This is going to get worse – not better in the coming months.

The unanimous ruling from a three-judge panel means that citizens of seven majority-Muslim countries will continue to be able to travel to the US, despite Trump’s executive order last month.
“On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies,” the judges wrote. “And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this… The emergency motion for a stay pending appeal is denied.”
It is a significant political setback to Trump’s new administration and raises questions about how the courts will view his apparent vision for an expansive use of executive power from the Oval Office on which he is anchoring the early weeks of his presidency.

Trump immediately tweeted his reaction to the ruling: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
Follow
Donald J. Trump ✔ @realDonaldTrump
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
6:35 PM – 9 Feb 2017
14,011 14,011 Retweets 35,663 35,663 likes

The Justice Department is reviewing the decision, it said in a statement.

The order bars citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria.
Trump issued the travel ban January 27, causing chaos, confusion and protests at international airports as the legal status of people in transition was suddenly thrown into question. Lawsuits have been filed across the country, but it was one from federal Judge James Robart in Seattle last Friday that blocked the travel ban nationwide, clearing the way for resumed travel from the seven countries.

The legal drama over the immigration executive order was the first episode in what could be a series of legal challenges to Trump’s governing style and agenda and represents the first confrontation between his White House and the checks and balances of the American political system.
“The Trump administration has lost dramatically and completely, and they’re going to have to decide what to do next,” said Jeffery Toobin, a CNN political analyst, on “The Situation Room.” “This decision will have a lot more public credibility because it is unanimous, and I think it complicates the Trump administration’s attempt, if they choose to make it, to disparage this decision as a political act.”

February 17, 2017
Kevin McAleenan
Acting Commissioner
U.S. Customs and Border Protection
Thomas D. Homan
Acting Director
Secretwy
U.S. Department of Homeland Security
Washington, DC 20528
Homeland
Security
U.S. Immigration and Customs Enforcement
Lori Scialabba
Acting Director
U.S. Citizenship and Immigration Services
Joseph B. Maher
Acting General Counsel
Dimple Shah
Acting Assistant Secretary for International Affairs
Chip Fulghum
Acting Undersecretary for Management
John Kelly
Secretary
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Enforcement of th
Interest
migration Laws to Serve the National
This memorandum implements the Executive Order entitled “Enhancing Public Safety in
the Interior of the United States,” issued by the President on January 25, 2017. It constitutes
guidance for all Department personnel regarding the enforcement of the immigration laws of the
United States, and is applicable to the activities of U.S. Immigration and Customs Enforcement
(ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration
Services (USCIS). As such, it should inform enforcement and removal activities, detention
decisions, administrative litigation, budget requests and execution, and strategic planning.http://www.dhs.gov
With the exception of the June 15, 2012, memorandum entitled “Exercising Prosecutorial
Discretion with Respect to Individuals Who Came to the United States as Children,” and the
November 20, 2014 memorandum entitled “Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children and with Respect to Certain Individuals
Who Are the Parents of U.S. Citizens or Permanent Residents,” 1 all existing conflicting
directives, memoranda, or field guidance regarding the enforcement of our immigration laws and
priorities for removal are hereby immediately rescinded; including, but not limited to, the
November 20, 2014, memoranda entitled “Policies for the Apprehension, Detention and
Removal of Undocumented Immigrants,” and “Secure Communities.”
A. The Department’s Enforcement Priorities
Congress has defined the Department’s role and responsibilities regarding the enforcement
of the immigration laws of the United States. Effective immediately, and consistent with Article
II, Section 3 of the United States Constitution and Section 333 I of Title 5, United States Code,
Department personnel shall faithfully execute the immigration laws of the United States against
all removable aliens.
The Department no longer will exempt classes or categories of removable aliens from
potential enforcement. In faithfully executing the immigration laws, Department personnel should
take enforcement actions in accordance with applicable law. In order to achieve this goal, as noted
below, I have directed ICE to hire I 0,000 officers and agents expeditiously, and to take
enforcement actions consistent with available resources. However, in order to maximize the
benefit to public safety, to stem unlawful migration and to prevent fraud and misrepresentation,
Department personnel should prioritize for removal those aliens described by Congress in
Sections 212(a)(2), (a)(3), and (a)(6)(C), 235(b) and (c), and 237(a)(2) and (4) of the Immigration
and Nationality Act (INA).
Additionally, regardless of the basis ofremovability, Department personnel should
prioritize removable aliens who: (1) have been convicted of any criminal offense; (2) have been
charged with any criminal offense that has not been resolved; (3) have committed acts which
constitute a chargeable criminal offense; ( 4) have engaged in fraud or willful misrepresentation in
connection with any official matter before a governmental agency; (5) have abused any program
related to receipt of public benefits; (6) are subject to a final order ofremoval but have not
complied with their legal obligation to depart the United States; or (7) in the judgment of an
immigration officer, otherwise pose a risk to public safety or national security.
B. Strengthening Programs to Facilitate the Efficient and Faithful Execution of the
Immigration Laws of the United States
Facilitating the efficient and faithful execution of the immigration laws of the United
1 The November 20, 2014, memorandum will be addressed in future guidance.
2
States- and prioritizing the Department’s resources~requires the use of all available systems and
enforcement tools by Department personnel.
Through passage of the immigration laws, Congress established a comprehensive statutory
regime to remove aliens expeditiously from the United States in accordance with all applicable
due process of law. I determine that the faithful execution of our immigration laws is best
achieved by using all these statutory authorities to the greatest extent possible. Accordingly,
Department personnel shall make full use of these authorities.
Criminal aliens have demonstrated their disregard for the rule of law and pose a threat to
persons residing in the United States. As such, criminal aliens are a priority for removal. The
Priority Enforcement Program failed to achieve its stated objectives, added an unnecessary layer
of uncertainty for the Department’s personnel, and hampered the Department’s enforcement of the
immigration laws in the interior of the United States. Effective immediately, the Priority
Enforcement Program is terminated and Secure Communities shall be restored. To protect our
communities and better facilitate the identification, detention, and removal of criminal aliens
within constitutional and statutory parameters, the Department shall eliminate the existing Forms
I-247D, I-247N, and I-247X, and replace them with a new form to more effectively communicate
with recipient law enforcement agencies. However, until such forms are updated they may be
used as an interim measure to ensure that detainers may still be issued, as appropriate.
ICE’s Criminal Alien Program is an effective tool to facilitate the removal of criminal
aliens from the United States, while also protecting our communities and conserving the
Department’s detention resources. Accordingly, ICE should devote available resources to
expanding the use of the Criminal Alien Program in any willing jurisdiction in the United States.
To the maximum extent possible, in coordination with the Executive Office for Immigration
Review (EOIR), removal proceedings shall be initiated against aliens incarcerated in federal,
state, and local correctional facilities under the Institutional Hearing and Removal Program
pursuant to section 238(a) of the INA, and administrative removal processes, such as those under
section 238(b) of the INA, shall be used in all eligible cases.
The INA § 287(g) Program has been a highly successful force multiplier that allows a
qualified state or local law enforcement officer to be designated as an “immigration officer” for
purposes of enforcing federal immigration law. Such officers have the authority to perform all law
enforcement functions specified in section 287(a) of the INA, including the authority to
investigate, identify, apprehend, arrest, detain, and conduct searches authorized under the INA,
under the direction and supervision of the Department.
There are currently 32 law enforcement agencies in 16 states participating in the 287(g)
Program. In previous years, there were significantly more law enforcement agencies participating
in the 287(g) Program. To the greatest extent practicable, the Director of ICE and Commissioner
of CBP shall expand the 287(g) Program to include all qualified law enforcement agencies that
request to participate and meet all program requirements. In furtherance of this direction, the
Commissioner of CBP is authorized, in addition to the Director of ICE, to accept State services
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and take other actions as appropriate to carry out immigration enforcement pursuant to section
287(g) of the INA.
C. Exercise of Prosecutorial Discretion
Unless otherwise directed, Department personnel should initiate enforcement actions
against removable aliens encountered during the performance of their official duties, consistent
with the President’s enforcement priorities as identified in his Executive Order. This includes the
arrest or apprehension of an alien whom an immigration officer has probable cause to believe is in
violation of the immigration laws. It also includes initiation ofremoval proceedings against any
alien who is subject to removal under any provision of the INA, and the referral of appropriate
cases for criminal prosecution. The Department shall prioritize aliens described in the
Department’s Enforcement Priorities (Section A) for arrest and removal.
The exercise of prosecutorial discretion with regard to any alien who is subject to arrest,
criminal prosecution, or removal in accordance with law shall be made on a case-by-case basis in
consultation with the head of the field office component, where appropriate, of CBP, ICE, or
USCIS that initiated or will initiate the enforcement action, regardless of which entity actually
files any applicable charging documents: CBP Chief Patrol Agent, CBP Director of Field
Operations, ICE Field Office Director, ICE Special Agent-in-Charge, or the USCIS Field Office
Director, Asylum Office Director or Service Center Director.
Prosecutorial discretion shall not be exercised in a manner that exempts or excludes a
specified class or category of aliens from enforcement of the immigration laws. The General
Counsel shall issue guidance consistent with these principles to all attorneys involved in
immigration proceedings.
D. Establishing the Victims of Immigration Crime Engagement (VOICE) Office
Criminal aliens routinely victimize Americans and other legal residents. Often, these
victims are not provided adequate information about the offender, the offender’s immigration
status, or any enforcement action taken by ICE against the offender. Efforts by ICE to engage
these victims have been hampered by prior Department of Homeland Security (DHS) policy
extending certain Privacy Act protections to persons other than U.S. citizens and lawful
permanent residents, leaving victims feeling marginalized and without a voice. Accordingly, I am
establishing the Victims of Immigration Crime Engagement (VOICE) Office within the Office of
the Director of ICE, which will create a programmatic liaison between ICE and the known victims
of crimes committed by removable aliens. The liaison will facilitate engagement with the victims
and their families to ensure, to the extent permitted by law, that they are provided information
about the offender, including the offender’s immigration status and custody status, and that their
questions and concerns regarding immigration enforcement efforts are addressed.
To that end, I direct the Director oflCE to immediately reallocate any and all resources
that are currently used to advocate on behalf of illegal aliens to the new VOICE Office, and to
4
immediately terminate the provision of such outreach or advocacy services to illegal aliens.
Nothing herein may be construed to authorize disclosures that are prohibited by law or
may relate to information that is Classified, Sensitive but Unclassified (SBU), Law Enforcement
Sensitive (LES), For Official Use Only (FOUO), or similarly designated information that may
relate to national security, law enforcement, or intelligence programs or operations, or disclosures
that are reasonably likely to cause harm to any person.
E. Hiring Additional ICE Officers and Agents
To enforce the immigration laws effectively in the interior of the United States in
accordance with the President’s directives, additional ICE agents and officers are necessary. The
Director of ICE shall- while ensuring consistency in training and standards-take all appropriate
action to expeditiously hire 10,000 agents and officers, as well as additional operational and
mission support and legal staff necessary to hire and support their activities. Human Capital
leadership in CBP and ICE, in coordination with the Under Secretary for Management and the
Chief Human Capital Officer, shall develop hiring plans that balance growth and interagency
attrition by integrating workforce shaping and career paths for incumbents and new hires.
F. Establishment of Programs to Collect Authorized Civil Fines and Penalties
As soon as practicable, the Director of ICE, the Commissioner of CBP, and the Director of
USCIS shall issue guidance and promulgate regulations, where required by law, to ensure the
assessment and collection of all fines and penalties which the Department is authorized under the
law to assess and collect from aliens and from those who facilitate their unlawful presence in the
United States.
G. Aligning the Department’s Privacy Policies With the Law
The Department will no longer afford Privacy Act rights and protections to persons who
are neither U.S. citizens nor lawful permanent residents. The OHS Privacy Office will rescind the
DHS Privacy Policy Guidance memorandum, dated January 7, 2009, which implemented the
DHS “mixed systems” policy of administratively treating all personal information contained in
DHS record systems as being subject to the Privacy Act regardless of the subject’s immigration
status. The OHS Privacy Office, with the assistance of the Office of the General Counsel, will
develop new guidance specifying the appropriate treatment of personal information OHS
maintains in its record systems.
H. Collecting and Reporting Data on Alien Apprehensions and Releases
The collection of data regarding aliens apprehended by ICE and the disposition of their
cases will assist in the development of agency performance metrics and provide transparency in
the immigration enforcement mission. Accordingly, to the extent permitted by law, the Director of
ICE shall develop a standardized method of reporting statistical data regarding aliens apprehended
5
by ICE and, at the earliest practicable time, provide monthly reports of such data to the public
without charge. ·
The reporting method shall include uniform terminology and shall utilize a format that is
easily understandable by the public and a medium that can be readily accessed. At a minimum, in
addition to statistical information currently being publicly reported regarding apprehended aliens,
the following categories of information must be included: country of citizenship, convicted
criminals and the nature of their offenses, gang members, prior immigration violators, custody
status of aliens and, if released, the reason for release and location of their release, aliens ordered
removed, and aliens physically removed or returned.
The ICE Director shall also develop and provide a weekly report to the public, utilizing a
medium that can be readily accessed without charge, of non-Federal jurisdictions that release
aliens from their custody, notwithstanding that such aliens are subject to a detainer or similar
request for custody issued by ICE to that jurisdiction. In addition to other relevant information, to
the extent that such information is readily available, the report shall reflect the name of the
jurisdiction, the citizenship and immigration status of the alien, the arrest, charge, or conviction
for which each alien was in the custody of that jurisdiction, the date on which the ICE detainer or
similar request for custody was served on the jurisdiction by ICE, the date of the alien’s release
from the custody of that jurisdiction and the reason for the release, an explanation concerning why
the detainer or similar request for custody was not honored, and all arrests, charges, or convictions
occurring after the alien’s release from the custody of that jurisdiction.
I. No Private Right of Action
This document provides only internal DHS policy guidance, which may be modified,
rescinded, or superseded at any time without notice. This guidance is not intended to, does not,
and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at
law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are
placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of DHS.
In implementing these policies, I direct DHS Components to consult with legal counsel to
ensure compliance with all applicable laws, including the Administrative Procedure Act.